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Restrictive Covenants › Non-Compete Agreements › Buyers

Mintz

[Podcast] Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

Mintz on

Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

Mintz - Employment Viewpoints

Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

Mintz - Employment Viewpoints on

Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes

Sheppard Mullin Richter & Hampton LLP on

In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more

Flaster Greenberg PC

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

Flaster Greenberg PC on

This article originally ran in Law360 on February 10, 2023. All rights reserved.  As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

Steptoe & Johnson PLLC on

Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Troutman Pepper Locke

Court of Chancery Strikes Down Restrictive Covenants Designed to Protect Private Equity Investments Beyond the Target

Troutman Pepper Locke on

Recently, the Delaware Court of Chancery issued a decision regarding restrictive covenant agreements that will likely have an immediate impact on the scope of restrictive covenants in private equity transactions. In the...more

Bradley Arant Boult Cummings LLP

Beauty (and Value) In the Eye of the Beholder: What Is My Private Company Truly Worth

Bradley Arant Boult Cummings LLP on

It is common for private company owners to wonder what price they would receive if their company was offered for sale. When a business owner wants to formally determine the company’s actual value in the marketplace, however,...more

Sheppard Mullin Richter & Hampton LLP

Buyer (and Seller) Beware: The FTC Is and Will Come for Your M&A Non-Competes

Sheppard Mullin Richter & Hampton LLP on

Since President Biden’s July 2021 direction to the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

Burr & Forman on

Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Parker Poe Adams & Bernstein LLP

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

Parker Poe Adams & Bernstein LLP on

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

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